Am I entitled to my BAC results after having a blood test performed during a DUI checkpoint stop?
I was pulled over on suspicion of a DUI in early July. My court date is just over a week away, and I haven't received the BAC results from the blood test I took. (I chose the blood test instead of the breath test). I was informed by an officer that I would recieve my results in 2-3 weeks.
The question I have is, am I entitled to those results in a timely fashion? Is it common for one not to receive their results until it is presented before them at an arrainment?
I understand that my results may have been lost in the mail, but should proof of sending the results be maintained?
(Los Angeles County)
Answers:
Those records are technically your property. If you havent received them yet, go to the PD in person and ask to see them and copy them. You have the right to go into court with at least as much information as the police. Having lived in Los Angeles County for 51 years I can tell you, citizens have to become nags. Demand your rights. They're there to protect and serve us-right?
They are not required to share evidence with you until you are arraigned.
dont push for them results..when there not there, do not waive your right to a speedy trial..
and ask for a dismissal. In Calif. a blood test is the way to go. The police station has to pay the hospital for them. If they owe xxx$ to the hospital, no more test results. Thats how you beat this type of case. And even if they dont owe money, this testing is not a high priority. Ive only seen maybe 1/15 make it back to court.
Before you were released from the hospital, the results were there. You were entitled to those results due to the fact that the city and state didn't pay for the test. Either you did, or it was charged to you health plan. The results should have been available before you were removed from the hospital. If your BAC exceeded the limit, then the police had the right to transport you for processing. If not, you should have been released with charge. If you have an attorney, by law, if those results are available, then during "disclosure" your attorney has the test results.
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